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Originalism's Promise
A Natural Law Account of the American Constitution

$110.00 (P)

  • Date Published: September 2019
  • availability: In stock
  • format: Hardback
  • isbn: 9781108475631

$ 110.00 (P)

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About the Authors
  • The foundation of the American legal system and democratic culture is its longstanding written Constitution. However, a contentious debate now exists between originalists, who employ the Constitution's original meaning, and Nonoriginalists, who argue for a living constitution interpretation. The first natural law justification for an originalist interpretation of the American Constitution, Originalism's Promise presents an innovative foundation for originalism and a novel description of its character. The book provides a deep, rich, and practical explanation of originalism, including the most-detailed originalist theory of precedent in the literature. Of interest to judges, scholars, and lawyers, it will help all Americans better understand their own Constitution and shows why their reverence for it, its Framers, and its legal system, is supported by sound reasons. Originalism's Promise is a powerful contribution to the most important theory in constitutional interpretation.

    • Offers a deep, rich, and practical description and explanation of an originalist theory of interpretation
    • Provides a natural law justification for an originalist interpretation of US Constitution
    • Argues that originalism fits current American constitutional practice
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    Reviews & endorsements

    'Lee J. Strang has provided us with a fresh new explanation and defense of an approach to constitutional interpretation that emphasizes the need for fidelity to original meaning. Unusually, he has built a bridge between originalist theory and modern natural law theory that engages with important ideas in the philosophy of law as well as constitutional theory. A formidable piece of scholarship that deserves close scrutiny.' Keith E. Whittington, Princeton University, New Jersey

    'Originalism's Promise provides a sophisticated and important defense of constitutional originalism. Drawing on history, constitutional theory, and the natural law tradition, Professor Strang makes a compelling case that fidelity to the original meaning of the constitutional text is required by both law and morality. His law-as-coordination account of originalism offers a new and distinctive view of the role of the Constitution. In a field where it is difficult to say something that is novel and convincing, Originalism's Promise does both, illuminating old debates and posing new questions. Highly recommended.' Lawrence B. Solum, Carmack-Waterhouse Professor of Law, Georgetown University, Washington DC

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    Product details

    • Date Published: September 2019
    • format: Hardback
    • isbn: 9781108475631
    • length: 326 pages
    • dimensions: 235 x 157 x 21 mm
    • weight: 0.61kg
    • availability: In stock
  • Table of Contents

    Part I. A Description of Originalism:
    1. A brief history of originalism in American constitutional interpretation
    2. The constitutional communication model of originalism
    Part II. Originalism is the Best Explanation of our Existing Constitutional Practice and the Most Normatively Attractive Theory of Constitutional Interpretation:
    3. Originalism is the best explanation for our existing constitutional practice
    4. Originalism best advances Americans' human flourishing: the law-as-coordination account of originalism
    5. Conclusion

  • Author

    Lee J. Strang, University of Toledo, Ohio
    Lee J. Strang is John W. Stoepler Professor of Law and Values at the College of Law, University of Toledo, Ohio. In 2015, Professor Strang was a visiting scholar at the Georgetown Center for the Constitution, and in 2016 he was appointed to the Ohio Advisory Committee of the US Commission on Civil Rights. The University of Toledo, Ohio awarded Professor Strang its Outstanding Faculty Research and Scholarship Award in 2017. During the 2018–19 academic year, Professor Strang was a visiting fellow at the James Madison Program at Princeton University, New Jersey.

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